(a) It is unlawful for any person, agency, corporation, partnership or association to engage in medical experiments, research, or the taking of photographs upon an aborted fetus without the prior knowledge and written consent of the mother; provided, however, that prior knowledge and consent of the mother shall not be required when a person is taking photographs of the aborted fetus for the purpose of capturing images that the person reasonably believes depict evidence of a violation of a state or federal law, rule, or regulation.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class E felony1 to 6 yearsup to $3,000
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 39-15-208

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) No person, agency, corporation, partnership, or association shall offer money, or anything of value, for an aborted fetus or aborted fetal tissue; nor shall any person, agency, corporation, partnership, or association accept any money or anything of value for an aborted fetus or aborted fetal tissue, or offer or accept any reimbursement of any costs associated with the preparation, preservation, transfer, shipping, or handling of an aborted fetus or aborted fetal tissue.
(c) It is the express intent of the general assembly that nothing in this section shall be construed to grant to a fetus any legal right not possessed by a fetus prior to July 1, 1979.
(d) A violation of this section is punishable as a Class E felony.
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